Legal Question in Family Law in Texas

I reside in TX with my husband and 3 children, ages 13, 10 and 8.. I want to move to TN and he does not. What are the legalities of taking my kids and moving to TN with them. Can he require I return? If he does can I get part-time custody in TN or is he telling the truth that an injunction will keep them in TX full-time


Asked on 10/14/12, 5:11 pm

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

You need to talk to a TX attorney before making the move to TN.

Generally, a TX judge could require the children to return to Texas if the husband files for divorce in Texas before 6 months passes. The mother could stay in TN if she wants - but the children would be required to return to TX. If the mother wants to retain custody of the children, then she would also have to return to TX. As you can see, it gets complicated very quickly.

There might be some circumstances where the judge might do something different, so I think that talking to an attorney would be helpful.

I would look on this website and on www.avvo.com for an attorney.

Good luck!

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Answered on 10/16/12, 2:24 pm


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